Governors should clear bills as soon as possible: SC
Recently, the Supreme Court has said that the Governor should give assent to the Bills passed by the Legislative Assembly “as soon as possible”.
- The Supreme Court has issued this direction because states like Telangana and Tamil Nadu have a large number of bills pending for Governor’s approval.
- Referring to proviso 1 of Article 200 of the Constitution, the Supreme Court observed that the expression “as soon as possible” has important constitutional implications. Therefore, holders of constitutional posts must keep this expression in mind.
- Article – 200 clearly provides that, the Governor should return Bills other than Money Bills to the House/Houses as soon as possible with a message that the proposed Bill be reconsidered.
Power of the Governor to give assent to a Bill
Ordinary Bill:
When an ordinary bill is passed by a unicameral/bicameral legislature and sent to the governor, the governor has 4 options:
- Gives his assent to the bill and then the bill becomes an act.
- Withholds his assent to the Bill, then the Bill lapses and does not become an Act.
- Sends the bill back to the House or Houses for reconsideration.
- If the Bill is again passed by the House with or without amendments and sent to the Governor for his assent, then the Governor must give his assent to the Bill.
Thus, the governor enjoys only the suspensory veto. Reserves the bill for the consideration of the President (after this the Governor has no role in enacting the bill).
Money Bill:
When a money bill is sent to the governor after being passed by a unicameral/bicameral legislature, the governor has 3 options:
- Gives his assent to the bill and then the bill becomes an act.
- Withholds his assent to the Bill, then the Bill lapses and does not become an Act.
- Reserves the bill for the consideration of the President (Article 201).
Source – The Hindu
